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Fourth. If the package containing it, or its label shall bear any statement, design, or device shall be false or misleading in any particular; provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the cases of mixtures or compounds which may be now, or from time to time hereafter known as articles of food under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends and the word "compound," "imitation," or "blend," as the case may be, is plainly stated in conspicuous letters on the package in which it is offered for sale; Provided, That the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring or flavoring only; and Provided further, That nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding; Provided, also, That this act shall not apply to stocks of drugs and medicines on hand in this State on September 1st, 1907, until the first day of June, 1908.

SEC. 6. Exemption. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the State of Florida from whom he purchases such articles to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case the said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this act.

SEC. 7. Authority for seizure. If upon the trial of any person convicted under this act, it shall appear that any article of food, drug, or liquor, sold, kept or offered for sale by the person convicted is adulterated or misbranded, or is of a poisonous or deleterious character within the meaning of this act, the same shall be seized and destroyed by order of the court in such manner as the court may in the order direct.

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SEC. 8. Terms person" and "party" defined. The words person" or party," ," as used in this act, shall be construed to import both the plural and the singular, 'as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this act, the act, omission or failure of any officer, agent or other person acting for or employed by the corporation, company, society or association, within the scope of his employment or office, shall, in every case, be also deemed to be the act, omission or failure of such corporation, company, society or association, as well as that of the person.

SEC. 9. Governor authorized to appoint a food and drug inspector; term of office; salary; duties. As soon as this act becomes effective, the Governor is authorized to appoint a food and drug inspector for the State of Florida, who shall hold office during the pleasure of the Governor, not exceeding four years, under one appointment, and who shall receive a salary not to exceed $1,500

a So in Statutes.

per annum, and actual expenses not to exceed $750.00 per annum while discharging his duty. His whole time shall be at the disposal of the Commissioner, and his duty shall be to travel about the State as directed, and take samples of such articles as directed, and forward them to the Department of Agriculture for scientific examination and analysis. The Governor shall also appoint an additional assistant chemist to carry out the provisions of this act, the salary of such assistant chemist to be fixed by the State Chemist, not to exceed $1,800 per annum. He may also make such expenditures for apparatus, chemicals and increased laboratory facilities as in his judgment may be required; Provided, That the total expenditures under this act for any one year shall not exceed the sum appropriated to carry out the provisions of this act; the State Chemist and his assistant shall also be inspectors of foods, drugs, medicines and liquors.

SEC. 10. Collection of samples; right of access for inspection. Samples for analysis shall be taken by the duly qualified and sworn inspectors, or chemists, who shall take samples of such articles, as may be directed by the Commissioner of Agriculture, and in the manner prescribed below: Whenever practicable, samples shall be taken in original unbroken packages; said packages shall be wrapped in paper and tied securely and sealed. In cases where it is not practicable to send a sample for analysis in an original package, as for instance, in case of syrups, or other liquids in barrels, or flour in barrels, etc., the inspector shall take a fair sample of the same in the presence of the seller, place it in a suitable receptacle, securely close, seal and forward the same to the Commissioner of Agriculture, and in every case where a sample is taken the person taking such sample shall at the same time, in the presence of the person from whom the same is taken, seal with paper seals or otherwise, another like sample of the article taken, on which said sample or on the seal placed thereon, shall be written the name of the person taking said sample, and the date when the same is taken, and the said sample shall be delivered back to the person from whom it is taken.

In the execution of their duties the inspectors shall have free access at all reasonable hours into any place where it is suspected that impure foods are being manufactured, or wherein any article of food or drink, drug or medicine, adulterated with any deleterious or foreign ingredients exists, and if such access shall be refused the inspector may apply for a search warrant, which shall be obtained in the same manner as is provided by law for the obtaining of a search warrant in other cases. In calling for and making a sample of any goods, the inspector shall tender to the seller the market price asked for the

same.

SEC. 11. Standards for food products. It shall be the duty of the Commissioner of Agriculture and the State Chemist to fix standards of purity for food products where the same are not fixed by this act in accordance with those promulgated by the Secretary of Agriculture, the Secretary of the Treasury and the Secretary of Commerce and Labor of the United States when such standards have been published, and when not yet published the Commissioner of Agriculture and the State Chemist shall fix such standards; Provided, That the standards for lard, mixed edible fats and cottonseed oils are hereby defined as follows: Lard is hereby defined to be the fat of freshly slaughtered swine. It must not be from a diseased animal or any portion of an animal unfit for food, or contain less than ninety-nine per cent of pure fat. A mixed edible fat is defined to be a mixture which contains not less than ninety-nine per cent of sweet mixed fat, and may consist of a mixture of refined cottonseed oil or other edible vegetable oils with sweet beef fat or other edible animal fat, and

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must be sold under a registered or proprietory brand and properly labeled with a distinctive trade mark or name, bearing the name of the manufacturer. Edible cottonseed oil is hereby defined as refined cottonseed oil, free from disagreeable taste or odors. White cottonseed oil for edible purposes is cottonseed oil which has been refined in such a manner as to be nearly odorless, colorless and flavorless. Winter cottonseed oil for edible purposes are those from which a portion of the stearine has been removed. They may be either white or yellow. Whenever the State Chemist may find, by analysis that adulterated, misbranded, or imitation drugs, liquors or food products have been manufactured for sale, or put on sale in this State, he shall forthwith furnish a certificate of analysis to that effect to the Commissioner of Agriculture who shall transmit the same to the proper prosecuting officer in the county where the said adulterated, misbranded, or imitation drugs, liquor or food product was found. It shall be the duty of the said prosecuting officer to prosecute all persons violating any provisions of this act as soon as he receives the evidence transmitted by the Commissioner of Agriculture.

SEC. 12. Annual report of State Chemist. The State Chemist shall make an annual report to the Governor on work done in execution of this act, which report may be included in that now made on commercial fertilizers and published therewith.

SEC. 13. Commissioner of Agriculture authorized to establish rules and regulations. The Commissioner of Agriculture, with the advice of the Attorney General, shall have authority to establish such rules and regulations as shall not be inconsistent with the provisions of this act, and as in his judgment will best carry out the requirements thereof. He may exercise discretion as to the class of products he first subjects to rigorous inspection and analysis, realizing that the fullest and most complete execution of this law under a limited appropriation must be a matter of growth. His first efforts shall be more particularly directed to fostering the young and growing agricultural and manufac turing industries of the State, as the dairy, beef, fruit, cottonseed oil and syrup industries, by suppressing adulteration in butter, cheese, milk and feedstuffs, ciders, vinegars and syrups, lard and lard compounds.

SEC. 14. Appropriation for carrying out provisions of act. In order to enforce and carry out the provisions of this act, the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated and set aside out of the fees arising from the inspection and analysis of fertilizers, and so much thereof as is necessary is made immediately available; that the proceeds arising from the fees of this office be turned into the Treasury for the use of the general fund.

SEC. 15. Effect. This act shall be in force and effect from and after the first day of September, 1907.

SEC. 16. Repeal. All laws and parts of laws in conflict with this act be and the same are hereby repealed.

Approved June 3, 1907. Acts and Resolutions of 1907, ch. 5662, pp. 151–160,

LARD (FATS AND OILS).

See General Food Law, page 42.

a So in Statutes.

MEAT.

SEC. 1. Inspection before butchering. From and after the passage of this act it shall be unlawful for any person or persons, firm or corporation to kill for any purposes any bull, steer, cow, heifer, yearling or calf in the State of Florida without inspection by a regularly appointed inspector except as is provided in Section 2 of this act.

SEC. 2. Exemption. The butchering of any such animal by the owner, his or her agent, if killed in the presence of one or more disinterested reputable persons, shall not be unlawful.

SEC. 3. Penalty. Any person violating the provisions of this act shall be punished by fine not less than fifty dollars or more than five hundred dollars or imprisonment in the county jail not less than sixty days or more than six months, or both such fine and imprisonment, at the discretion of the court.

SEC. 4. Repeal. All laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

SEC. 5. Effect. This act shall take effect from and after its passage and approval by the Governor,

Approved May 27, 1907. Acts and Resolutions of 1907, ch. 5665, p. 162.

RULES AND REGULATIONS.

The regulations adopted in harmony with the Federal regulations given in Circular 21 of the Secretary's Office, U. S. Department of Agriculture, are not here reprinted, only such rulings being given as afford information on additional points.

REGULATION 31-BAKING POWDER.

Baking powders must not contain substances not necessary to their manufac ture. They must be labeled in a conspicuous way and place, either in the name of the powder itself or elsewhere, so as to show the acid salt of which the powder is made, as "Alum baking powder," "Alum-phosphate baking powder," "Phosphate baking powder," or "Cream of tartar baking powder;" also the common name of all the ingredients composing the same, and when so labeled they must be true to label.

REGULATION 32- GENERAL STATEMENT.

When of general interest, analysis will be made for parties within the State, if samples are taken in accordance with rules and instructions furnished by the department, and the required data concerning the samples are given on blanks furnished by the department.

Results of analyses will be sent to parties sending samples taken in accordance with rules and regulations, and to parties from whom samples are obtained by the department, as well as the manufacturer of the products.

It is the desire of the department to put information into the hands of manufacturers, dealers, and consumers of food and drugs, and to assist them in every way it can to know, manufacture, handle, and use the best, most desirable, and most wholesome food and drug products. The Food Control is in the interest of the honest manufacturer, the honest dealer, and for the protection of the con

sumer.

GEORGIA.

GENERAL FOOD LAWS.

SEC. 1. Penalty for adulteration, or misbranding. It shall be unlawful for any person to manufacture, sell or offer for sale within the State of Georgia, any article of food, drugs, medicines, or liquors, which is adulterated or misbranded, or which contains any poisonous or deleterious substance within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars, or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court; and for each subsequent offense, and on conviction thereof, shall be fined not exceeding one thousand dollars, or sentenced to one year's imprisonment or both such fine and imprisonment, in the discretion of the court; * * *

SEC. 2. Examination by State chemists; prosecutions. The examinations of specimens of foods and drugs shall be made by the State Chemist of Georgia, or under his direction and supervision, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Commissioner of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard before the Commissioner of Agriculture and the Attorney-General, under such rules and regulations as may be prescribed by them, and if it appears that any of the provisions of this Act have been violated by such party, then the Commissioner of Agriculture shall at once certify the facts to the proper prosecuting attorney, with a copy of the results of the analysis, or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. In case it shall appear to the satisfaction of the Commissioner of Agriculture and the Attorney-General that the violation of this Act is properly a subject of interstate commerce, or otherwise comes under the supervision and jurisdiction of the United States, then the Commissioner of Agriculture shall certify the case to the United States District Attorney, in whose district the violation may have been committed; but if it be under the jurisdiction of the courts of this State, then the Commissioner shall certify the case to the solicitor of the court in the county where the offense occurred. It shall be the duty of the State solicitor to prosecute all persons violating any of the provisions of this Act as soon as he receives the evidence transmitted by the Commissioner of Agriculture. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. SEC. 3. "Food" defined. ** The term "food," as used herein shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound.

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